ExecutiveOrdersEO
EO 13716Executive OrderObama · D Quiet signal

Executive Order 13716

Revocation of Executive Orders 13574, 13590, 13622, and 13645 With Respect to Iran, Amendment of Executive Order 13628 With Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015

This executive order implements U.S. sanctions commitments under the Iran nuclear deal (JCPOA) by revoking four earlier Iran sanctions executive orders and amending a fifth, while preserving implementation authorities for certain non-nuclear statutory sanctions that fall outside the scope of the JCPOA commitments. It also establishes blocking authorities and visa restrictions targeting persons involved in corruption related to humanitarian goods diversion and certain IFCA sanctions violations.

Federal Register Open PDF 81 FR 3693

Impact dates

  1. EO takes effect; visa suspension effective; revocations and amendments effective

Key directives

  • Revoke Executive Orders 13574, 13590, 13622, and 13645
  • Amend Executive Order 13628 by revoking sections 5-7 and 15; renumber remaining sections
  • Authorize Treasury Secretary to impose blocking sanctions under IFCA section 1244(c)(1)(A) for support to persons described in section 1244(c)(2)(C)(iii)
  • Authorize State/Treasury Secretaries to select from menu of sanctions (loans, forex, transfers, blocking, investment, imports, or executive officer sanctions) for IFCA violations outside JCPOA waiver scope
  • Block property of persons engaged in corruption/diversion of humanitarian goods to Iran on or after January 2, 2013
  • Suspend entry of aliens meeting section 3(a)(i) or 3(c)(i) criteria
  • Prohibit donations to blocked persons under IEEPA section 203(b)(2)
  • Treasury Secretary authorized to promulgate rules and regulations to carry out order

Who is ordered

Timeline

Immediate

  • Revocation of Executive Orders 13574, 13590, 13622, and 13645 takes effect
  • Amendments to Executive Order 13628 take effect
  • Visa suspension for covered aliens takes effect as of signing date
  • Blocking of property and interests for persons meeting criteria in sections 3(a)(i) and 3(c)(i)

Near term (90d)

  • Treasury/State implementation of delegated sanctions authorities
  • Potential rulemaking and regulatory guidance under section 7 general authorities

Long term

  • Ongoing application of preserved statutory sanctions outside JCPOA scope
  • Continued operation of amended Executive Order 13628 framework
  • Potential designations and enforcement actions under sections 3(a), 3(b), and 3(c) authorities

Risks & tensions

  • Tension between sanctions relief commitments and preservation of non-JCPOA authorities may create compliance uncertainty for businesses
  • Vague scope of 'outside the scope of the JCPOA' could lead to disputes over which activities are permitted vs. sanctionable
  • Retroactive application to January 2, 2013 for corruption-related blocking raises due process concerns flagged in section 10's no-notice finding
  • Order's durability depends on continued U.S. participation in JCPOA, which proved politically contested
  • Section 14's Algiers Accords disclaimer suggests sensitivity to international legal challenges
Executive Order 13716: Revocation of Executive Orders 13574, 13590, 13622, and 13645 With Respect to Iran, Amendment of Executive Order 13628 With Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015 · Executive Orders